Filing for bankruptcy is a good way to get rid of
overwhelming debt, or at least have it reduced to a manageable amount. The
purpose behind filing a case is to eliminate what debt can be eliminated, or
have it reduced so that you are left with a debt load that is not more than
your income. Bankruptcy gives you a fresh financial start, and that can be
helpful when you have more on your plate than can be managed. The benefits of
filing a case can be long lasting, because once you have less to pay, you can
start saving so when an emergency comes up you do not have to rely on loans or
credit cards to cover expenses. Along with this long term benefit, there are
also some short term benefits that you will feel immediately.
Three of these short terms benefits include:
•
An immediate stop to any pending
collection or foreclosure action against you. This means if you are being sued
for a past due debt, that lawsuit has to be stopped the instant you file a
bankruptcy. So if a foreclosure sale is fast approaching, you can stop that
sale and take the time you need to gather yourself and come up with a plan to
save your house.
•
If your wages are being garnished, the
garnishment has to be withdrawn. This means no more extra funds will be taken
out of your check and you can once again receive full pay for the work you do.
•
Your creditors are not allowed to contact
you once you file bankruptcy, and this stop in calls and letters can really
relieve a lot of stress.
These benefits are immediate, due to the imposition of
the automatic
stay.
The automatic stay is a legal mechanism that is put in place the instant you
file a bankruptcy case. Now it does take a day or so for your lenders to be
notified by the Court that you have filed, so if you get a call or receive a
letter in the meantime you are authorized to give your case number to the
lender and cease communications at once. You can also provide any lenders that
persist in contacting you with your attorney’s name and phone number, and
report to your attorney that certain creditors re not abiding by the automatic
stay. If the behavior on the part of your lender is egregious enough, you can
also bring an action within your bankruptcy case for their violation of the
automatic stay.
If you have more
questions about bankruptcy, contact us at www.law-ri.com. We will help by coming up with solutions that work for you and have
multiple locations to meet your needs for office visits.
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